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Chapter

Cover Concentrate Questions and Answers EU Law

4. The Supremacy of EU Law and its Reception in the Member States  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)). A general question about the exit process of a state by a Member State in the light of Brexit is included.

Chapter

Cover Essential Cases: EU Law

Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover EU Law in the UK

16. Negotiating a ‘future relationship’: EU external relations law  

This chapter examines the ‘future relationship’ agreement(s) that will apply between the UK and the EU. Following the adoption of the Withdrawal Agreement, the UK will be looking to conclude what the EU terms a ‘future relationship’ agreement with the EU over the course of the transition period. That ‘future relationship’ will address both the conditions under which the UK trades with the EU in the future — or what replaces the internal market — and how the UK and the EU relate to each other diplomatically — or what replaces ‘membership’ of the EU as an institution. The EU Treaties set out clear processes for the conclusion of international agreements between the EU and other countries. The chapter explores what those processes are, considering what powers the EU has to conclude international agreements. It also looks at how decision-making relating to those international agreements takes place within the EU institutions.

Chapter

Cover Environmental Law

11. European Union Environmental Law  

Much of the substance of UK environmental law has been derived from EU environmental law. This chapter is an introduction to some of the major themes in EU environmental law. The first section outlines aspects of EU legal culture and considers different approaches to defining EU environmental law. The following sections examine four major themes of EU environmental law. The first theme is competence, which concerns the nature of the EU’s authority to act in relation to environmental matters. The second theme is implementation and enforcement. The third theme is the ability of Member States to take unilateral environmental protection action. Finally, the last theme is the legitimacy and accountability of EU governance.

Chapter

Cover Public Law

5. Parliamentary sovereignty, the European Union, and Brexit  

This chapter explains the process and significance of the UK’s membership of the EU and of its subsequent departure from the EU. The chapter sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the Brexit process, the establishment of a stable legal system in the UK post-Brexit, looking in particular at the creation of retained EU law as provided for by the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020, and the future relationship between the UK and the UK, as established by the Trade and Cooperation Agreement.

Chapter

Cover Environmental Law

6. The European Union and the environment  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

Chapter

Cover EU Law in the UK

13. EU citizenship  

This chapter traces how the free movement of persons developed, culminating into a constitutional identity for EU nationals that extends rights to economically inactive free movers as well. EU citizenship was formally established in 1992, and can be used as a marker to separate two distinct eras of the Court of Justice of the European Union (CJEU) case law on free movement of persons. The chapter then considers the personal and material scope of EU citizenship, and looks at CJEU case law on the free movement of EU citizens between 1992 and 2004. It also assesses the impact of the Citizenship Directive in 2004, as well as the impact of Brexit on EU citizenship. The controversy surrounding the development of ‘citizenship rights’ is of particular interest given the Brexit referendum; limitless immigration from the EU was found to be one of the primary reasons why the UK voted to leave the EU.

Chapter

Cover An Introduction to European Law

4. Fundamental Rights  

This chapter explores the sources of EU fundamental rights. Fundamental rights constitutionally limit the exercise of all European Union competences—including its legislative competences. Three sources of European fundamental rights have been developed: an ‘unwritten’ bill of rights in the form of general principles of European law; the European Convention on Human Rights (ECHR); and the EU Charter of Fundamental Rights. The chapter investigates these three bills of rights of the EU, beginning with the discovery of an ‘unwritten’ bill of rights in the form of general principles of European law. Following this, the chapter analyses the EU’s ‘written’ bill of rights in the form of its Charter of Fundamental Rights and then explores the ECHR as an external bill of rights for the EU. It finally explores the extent to which EU fundamental rights also apply to the Member States.

Chapter

Cover Concentrate Questions and Answers EU Law

9. Sex Discrimination and Equality Law  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU law on sex discrimination and equality. The questions have been divided into a general question on the inclusion of sex discrimination provision in the first place; problem questions on aspects of equal pay and equal treatment; an essay question on a specific development in this area of law, which considers the overlapping area of pay and pensions and a problem on pregnancy-related matters; and an essay question on the expansion of areas protected by equality legislation.

Chapter

Cover European Union Law

16. Exceptions to the free movement rules  

Niamh Nic Shuibhne

This chapter examines when Member States can lawfully displace the obligations placed on them by free movement law. Free movement rights can be restricted under EU law in two ways. For discriminatory or distinctly applicable restrictive measures, a derogation ground expressly provided for in the TFEU must be engaged. For indirectly or non-discriminatory measures, that is, indistinctly applicable restrictive measures, if an overriding requirement relating to the public interest can be demonstrated the measure will be lawful. In both cases, the restriction also has to satisfy a proportionality test—that is, it is both appropriate and necessary for achieving the relevant public interest objective.

Chapter

Cover European Union Law

16. Exceptions to the free movement rules  

Niamh Nic Shuibhne

This chapter examines when Member States can lawfully displace the obligations placed on them by free movement law. Free movement rights can be restricted under EU law in two ways. For discriminatory or distinctly applicable restrictive measures, a derogation ground expressly provided for in the TFEU must be engaged. For indirectly or non-discriminatory measures, that is, indistinctly applicable restrictive measures, if an overriding requirement relating to the public interest can be demonstrated the measure will be lawful. In both cases, the restriction also has to satisfy a proportionality test, that is, it is both appropriate and necessary for achieving the relevant public interest objective.

Book

Cover European Intellectual Property Law

Justine Pila and Paul Torremans

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.

Chapter

Cover Learning Legal Rules

10. Retained EU Law and Legal Method  

Since 1973, the English legal system has been radically affected by what is now called ‘EU law’. Following the Brexit referendum the UK has now left the EU but there remains a legacy of nearly fifty years of EU-related legislation and case law to contend with. The solution has been to keep a large amount of that EU-derived law, termed ‘Retained Law’, as if it had been created by our Parliament and courts in the first place. The mechanism for dealing with how that has been achieved, and the implication for the future, is discussed here.

Chapter

Cover Learning Legal Rules

3. Reading the Law  

This chapter focuses on an important dimension of legal information literacy: the ability to read critically and with understanding. It provides a set of concepts and tools to help students better understand both primary and secondary legal sources and lays out the three questions that we may ask about a legal text: what kind of law is it; how does it affect existing law; and why was it made? It first explains two kinds of legislation: UK Acts of Parliament; and EU Regulations and Directives. The chapter then looks at the form of English reports and European Union cases. This is followed by a discussion of how to read legal books and articles.

Chapter

Cover EU Law

24. Citizenship of the European Union  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Chapter

Cover Concentrate Questions and Answers EU Law

5. The Jurisdiction of the Court of Justice  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter deals with questions on the range of actions or types of procedure provided for under the TFEU (ex-European Community (EC) Treaty). These are the actions under Arts 258–60, 263, 265, 267, 268, 277, and 340 TFEU. The questions range from a straightforward consideration on the procedure of each action to the difficulties for applicants in these actions: the setting of difficult problem questions on the procedural aspects to questions requiring a consideration of more than one action. The chapter concludes with a general question on the overall range and effectiveness of remedies for individuals in the EU legal order. A mixture of essay and problem-type questions is provided.

Chapter

Cover EU Law

24. Citizenship of the European Union  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.